Ownership of Tax Attributes Sample Clauses

Ownership of Tax Attributes. Provider (and/or Financing Party) shall be the owner of any Tax Attributes that may arise as a result of the ownership and operation of the Project and shall be entitled to transfer such Tax Attributes to any person. Host shall provide reasonable assistance to Provider in preparing all documents necessary for Provider to receive such Tax Attributes, and if Host is deemed to be the owner of any such Tax Attributes, Host shall assign the same (or the proceeds thereof) to Provider. If Host receives any payments in respect of such Tax Attributes, it shall promptly pay them over to Provider.
Sample 1Sample 2Sample 3See All (6)
AutoNDA by SimpleDocs
Ownership of Tax Attributes. The PPA does not provide for Company to receive any tax credits or similar tax incentives that may arise as a result of the operation of the Renewable Resource (“Tax Attributes”). However, in the event Company receives any Tax Attributes under the PPA, Company shall be the owner of such Tax Attributes and shall be entitled to transfer such Tax Attributes, if any, to any person.
Sample 1Sample 2Sample 3See All (6)
Ownership of Tax Attributes. As between the Parties, Seller will retain the exclusive right to all Tax Attributes, as applicable. Buyer shall provide reasonable assistance to Seller in preparing documents necessary for Seller to receive such Tax Attributes, and if Buyer is deemed to be the owner of any such Tax Attributes, Buyer shall assign the same (or the proceeds thereof) to Seller. If Buyer receives any payments in respect of such Tax Attributes, it shall promptly pay them over to Seller. Buyer and Seller each agree that for income tax purposes, it will report this Agreement as a service contract within the meaning of Internal Revenue Code sections 7701(e)(3) and 7701(e)(4). Notwithstanding the preceding sentence, Seller bears all risks, financial and otherwise, associated with Seller’s or the Project’s eligibility to investment tax credits, other Tax Attributes, or to qualify for accelerated depreciation for Seller’s accounting, reporting or tax purposes, other than as the same would have been available but were lost as the result of a breach by the Buyer of its representations, warranties, covenants or obligations under this Agreement. The obligations of the Parties hereunder, including those obligations set forth herein regarding the purchase and price for and Seller’s obligation to deliver Products, will be effective regardless of whether the sale of Products from the Project is eligible for, or receives, investment tax credits or other Tax Attributes.
Sample 1
Ownership of Tax Attributes. Provider (and/or Financing Party "Financing Party" means a Project Lessor or Lender.) shall be the owner of any Tax Attributes that may arise as a result of the operation of the Project and shall be entitled to transfer such Tax Attributes to any person. Host shall provide reasonable assistance to Provider in preparing all documents necessary for Provider to receive such Tax Attributes , and if Host is deemed to be the owner of any such Tax Attributes , Host shall assign the same (or the proceeds thereof) to Provider . If Host receives any payments in respect of such Tax Attributes , it shall promptly pay them over to Provider "Provider" means Tioga Solar [___], LLC, a [_____] limited liability company, and all successors and assigns.. [(7e) Tioga, not the customer, receives all tax benefits available with respect to the installation and operation of the Project . Under certain financing structures the Financing Party will receive the tax benefits. Utilizing these tax benefits enables Tioga to offer attractive solar electricity rates to its customers.]
Sample 1
Ownership of Tax Attributes. [PROVIDER COMPANY] (and/or Financing Party) shall be the owner of any Tax Attributes that may arise as a result of the operation of the Project and shall be entitled to transfer such Tax Attributes to any person. [COMPANY 1] shall provide reasonable assistance to [PROVIDER COMPANY] in preparing all documents necessary for [PROVIDER COMPANY] to receive such Tax Attributes, and if [COMPANY 1] is deemed to be the owner of any such Tax Attributes, [COMPANY 1] shall assign the same (or the proceeds thereof) to [PROVIDER COMPANY]. If [COMPANY 1] receives any payments in respect of such Tax Attributes, it shall promptly pay them over to [PROVIDER COMPANY].
Sample 1
Ownership of Tax Attributes. Seller (and/or Financing Party) shall be the sole owner of any Tax Attributes that may arise as a result of the existence and/or operation of the Project and shall be entitled to transfer such Tax Attributes to any Person. Buyer shall provide reasonable assistance to Seller in preparing all documents necessary for Seller to receive such Tax Attributes, and if Buyer is deemed to be the owner of any such Tax Attributes, Buyer shall assign the same (or the proceeds thereof)
Sample 1
Ownership of Tax Attributes. Throughout the Term, BASC shall be the owner of any Tax Attributes that may arise as a result of the operation of the Site Equipment and shall be entitled to transfer such Tax Attributes to any person. Customer shall provide reasonable assistance to BASC in preparing all documents necessary for BASC to receive such Tax Attributes, and if Customer is deemed to be the owner of any such Tax Attributes, Customer shall assign the same (or the proceeds thereof) to BASC. If Customer receives any payments in respect of such Tax Attributes, it shall promptly pay them over to BASC.
Sample 1
AutoNDA by SimpleDocs
Ownership of Tax Attributes. The Contractor shall be the owner of any and all Tax Attributes that may arise as a result of the operation of the Project and shall be entitled to transfer any and all such Tax Attributes to any Person. The Host shall provide reasonable assistance to the Contractor in preparing all documents necessary for the Contractor to receive all such Tax Attributes, and if the Host is deemed to be the owner of any such Tax Attributes, the Host shall assign the same (or pay the value thereof) to the Contractor. If the Host receives any payments in respect of any such Tax Attributes, it shall promptly pay them over to the Contractor.
Sample 1
Ownership of Tax Attributes. The PPA does not provide for Company to receive any tax credits or similar tax incentives that may arise as a result of the operation of the Renewable Resource (“Tax Attributes”). However, in the event Company receives any Tax Attributes under the PPA, Company shall be the owner of such Tax Attributes and shall be entitled to transfer such Tax Attributes, if any, to any person. the supplier of eKleEcNtrTicUCseKrvYice to theilitiesPuUnBdLeIrCthSiEs RAVgIrCeEemCeOnMt MISSION Xxxxx X. Bridwelles, and chargeEs,xeincuctliuvediDnirgecstaolres, use, y f ent isin
Sample 1

Related to Ownership of Tax Attributes

  • Company Ownership of Other Entities The Company does not own an interest in any corporation, partnership, limited liability company, joint venture, trust or other entity.

  • Ownership of Other Entities Other than the subsidiaries of the Company listed in Exhibit 21 to the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2018, the Company, directly or indirectly, owns no capital stock or other equity or ownership or proprietary interest in any corporation, partnership, association, trust or other entity.

  • Ownership of Subsidiaries The Borrower will, and will cause each of its Subsidiaries to, take such action from time to time as shall be necessary to ensure that each of its Subsidiaries is a wholly owned Subsidiary.

  • Ownership of Seller Credit Acceptance is the sole owner of the membership interests of the Seller, all of which are fully paid and nonassessable and owned of record, free and clear of all mortgages, assignments, pledges, security interests, warrants, options and rights to purchase.

  • Ownership of Shares The ownership of Shares shall be recorded on the books of the Trust or a transfer or similar agent for the Trust, which books shall be maintained separately for the Shares of each Series (and class). No certificates evidencing the ownership of Shares shall be issued except as the Board of Trustees may otherwise determine from time to time. The Trustees may make such rules as they consider appropriate for the transfer of Shares of each Series (and class) and similar matters. The record books of the Trust as kept by the Trust or any transfer or similar agent, as the case may be, shall be conclusive as to the identity of the Shareholders of each Series (and class) and as to the number of Shares of each Series (and class) held from time to time by each Shareholder.

  • Ownership of Company Property The Company’s assets shall be deemed owned by the Company as an entity, and the Member shall have no ownership interest in such assets or any portion thereof. Title to any or all such Company assets may be held in the name of the Company, one or more nominees or in “street name”, as the Member may determine.

  • Ownership of Technology As between the Parties, each Party shall own and retain all right, title, and interest in and to any and all Inventions and Information that are conceived, discovered, developed, or otherwise made solely by or on behalf of such Party (or its Affiliates or Sublicensees) under or in connection with this Agreement, whether or not patented or patentable, and any and all Patents and other intellectual property rights with respect thereto.

  • Ownership of the Property (a) Lessor and Lessee intend that (i) for financial accounting purposes with respect to Lessee (A) this Lease will be treated as an "operating lease" pursuant to Statement of Financial Accounting Standards (SFAS) No. 13, as LEASE amended, (B) Lessor will be treated as the owner and lessor of the Properties and (C) Lessee will be treated as the lessee of the Properties, but (ii) for federal, state and local income tax and all other purposes (A) this Lease will be treated as a financing arrangement, (B) the Lenders will be treated as senior lenders making loans to Lessee in an amount equal to the Loans, which Loans will be secured by the Properties, (C) Lessor will be treated as a subordinated lender making a loan to Lessee in an amount equal to the Investor Contribution, which loan is secured by the Properties, and (D) Lessee will be treated as the owner of the Properties and will be entitled to all tax benefits ordinarily available to an owner of property like such Property for such tax purposes. Nevertheless, Lessee acknowledges and agrees that none of the Participants has made any representations or warranties to Lessee concerning the tax, accounting or legal characteristics of the Operative Agreements and that Lessee has obtained and relied upon such tax, accounting and legal advice concerning the Operative Agreements as it deems appropriate. The parties hereto will not take any position inconsistent with the intentions expressed herein. (b) Lessor and Lessee further intend and agree that, for the purpose of securing Lessee's obligations for the repayment of the above-described loans, (i) this Lease shall also be deemed to be a security agreement and financing statement within the meaning of Article 9 of the Uniform Commercial Code and a real property mortgage or deed of trust, as applicable; (ii) the conveyance provided for in Section 2 shall be deemed a grant of a security interest in and a mortgage lien on Lessee's right, title and interest in the Properties (including the right to exercise all remedies as are contained in the applicable Lease Supplement and Memorandum of Lease upon the occurrence of a Lease Event of Default) and all proceeds of the conversion, voluntary or involuntary, of the foregoing into cash, investments, securities or other property, whether in the form of cash, investments, securities or other property, for the benefit of Lessor to secure Lessee's payment of all amounts owed by Lessee under this Lease and the other Operative Agreements and Lessor holds title to the Properties so as to create and grant a first lien and prior security interest in each Property pursuant to this Lease for the benefit of the Administrative Agent under the Assignment of Lease, to secure to the Administrative Agent the obligations of Lessee under the Lease; (iii) the possession by Lessor or any of its agents of notes and such other items of property as constitute instruments, money, negotiable documents or chattel paper shall be deemed to be "possession by the secured party" for purposes of perfecting the security interest pursuant to Section 9-305 of the Uniform Commercial Code; and (iv) notifications to Persons holding such property, and acknowledgments, receipts or confirmations from financial intermediaries, bankers or agents (as applicable) of Lessee shall be deemed to have been given for the purpose of perfecting such security interest under applicable law. Lessor and Lessee shall, to the extent consistent with this Lease, take such actions as may be necessary to ensure that, if this Lease were deemed to create a security interest in the Properties in accordance with this Section, such security interest would be deemed to be a perfected security interest of first priority under applicable law and will be maintained as such throughout the Term. Nevertheless, Lessee acknowledges and agrees that no Participant has provided or will provide tax, accounting or legal advice to Lessee regarding this Lease, the Operative Agreements or the transactions contemplated hereby and thereby, or made any representations or warranties concerning the tax, accounting or legal characteristics of the Operative Agreements, and that Lessee has obtained and relied

  • Ownership of Developments All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, or works of authorship developed or created by Executive during the course of performing work for the Company or its clients (collectively, the "Work Product") shall belong exclusively to the Company and shall, to the extent possible, be considered a work made by the Executive for hire for the Company within the meaning of Title 17 of the United States Code. To the extent the Work Product may not be considered work made by the Executive for hire for the Company, the Executive agrees to assign, and automatically assign at the time of creation of the Work Product, without any requirement of further consideration, any right, title, or interest the Executive may have in such Work Product. Upon the request of the Company, the Executive shall take such further actions, including execution and delivery of instruments of conveyance, as may be appropriate to give full and proper effect to such assignment.

  • Joint Ownership of Interests A Partnership Interest may be acquired by two individuals as joint tenants with right of survivorship, provided that such individuals either are married or are related and share the same home as tenants in common. The written consent or vote of both owners of any such jointly held Partnership Interest shall be required to constitute the action of the owners of such Partnership Interest; provided, however, that the written consent of only one joint owner will be required if the Partnership has been provided with evidence satisfactory to the counsel for the Partnership that the actions of a single joint owner can bind both owners under the applicable laws of the state of residence of such joint owners. Upon the death of one owner of a Partnership Interest held in a joint tenancy with a right of survivorship, the Partnership Interest shall become owned solely by the survivor as a Limited Partner and not as an assignee. The Partnership need not recognize the death of one of the owners of a jointly-held Partnership Interest until it shall have received notice of such death. Upon notice to the General Partner from either owner, the General Partner shall cause the Partnership Interest to be divided into two equal Partnership Interests, which shall thereafter be owned separately by each of the former owners.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!